Sue Lines (President) Share this | Link to this | Hansard source

I will first deal with the second reading amendment moved by the Australian Greens. The question is that the amendment on sheet 2618 be agreed to.

Question negatived.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—I ask that the Greens' support for that amendment be noted, please.

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator McKim.

You want it recorded? Thank you, Senator Thorpe; we will do that. The question now is that these bills be read a second time.

A division having been called and the bells being rung—

An honourable senator: Four minutes.

No, after successive divisions—

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

It's a 'real'.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash, please stop being disorderly. Senator O'Sullivan?

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

We have senators outside the chamber, so we will need four minutes.

Honourable senators interjecting—

It was a 'mickey'.

Sue Lines (President) Share this | Link to this | Hansard source

Under standing order 101(3)—

Honourable senators interjecting—

Order! If you raise a point of order, have the decency to listen without interrupting. It's a one-minute bell because we are using standing order 101(3), where there are successive divisions and where there's no debate. It will be a one-minute bell. Set the timer for one minute. Senator Canavan?

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

To seek a point of clarification for the future, I thought the rule was that if a vote goes from a 'mickey' to a 'real', it's a four-minute bell. Is that not true?

Sue Lines (President) Share this | Link to this | Hansard source

No. I've given you the standing order. It's 101(3).

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

by leave—President, I ask that my vote be recorded as being in favour of that previous vote.

Sue Lines (President) Share this | Link to this | Hansard source

I shall now deal with the Committee of the Whole amendments, starting with the amendments circulated by the government. I understand the minister has documents to table.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments and an addendum to the revised explanatory memorandum to the Administrative Review Tribunal Bill 2024.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the amendments on sheet TC112, circulated by the government, be agreed to.

Government 's circulated amendments—

ADMINISTRATIVE REVIEW TRIBUNAL BILL 2024

(1) Clause 84, page 69 (line 15), omit "the applicant".

(2) Clause 84, page 69 (lines 16 to 22), omit paragraphs (1)(a) and (b), substitute:

(a) the applicant:

(i) dies; or

(ii) becomes bankrupt; or

(iii) is wound up or otherwise ceases to exist; or

(iv) becomes subject to any form of liquidation or administration (however described); and

(b) the Tribunal considers that the applicant cannot continue with the substantive application because of the event mentioned in paragraph (a).

(3) Clause 84, page 69 (lines 23 to 25), omit subclause (2), substitute:

Another person may apply to continue with substantive application

(2) The following persons may apply to the Tribunal to continue with the substantive application:

(a) a legal personal representative, executor, administrator, liquidator or trustee of the applicant for the substantive application;

(b) a person whose interests are affected by the decision.

(4) Clause 84, page 70 (lines 3 and 4), omit "the decision does not affect any person's interests other than the applicant", substitute "there is no person mentioned in subsection (2) who can continue with the substantive application".

(5) Clause 84, page 70 (lines 7 and 8), omit "or (b) occurring in relation to the applicant for the substantive application".

(6) Clause 264, page 220 (lines 6 to 20), omit subclauses (2) and (3), substitute:

(2) The report for a financial year must include:

(a) a description of any systemic issues related to the making of reviewable decisions that the President has informed the Council of during that year; and

(b) a description of any information given to the Council under section 294B during that year.

Note 1: One of the President's functions is to inform relevant Ministers, relevant Commonwealth entities and the Council of any systemic issues related to the making of reviewable decisions that have been identified in the caseload of the Tribunal: see paragraph 193(i).

Note 2: Section 294B requires Ministers and Commonwealth entities to inform the Council of action taken or proposed to be taken in relation to some systemic issues.

(3) The report for a financial year may include a description of any actions taken by the Council during that year in response to a systemic issue related to the making of reviewable decisions.

(7) Clause 273, page 230 (lines 7 to 9), omit "There are a number of situations where disclosure by entrusted persons is authorised.".

(8) Clause 273, page 230 (line 23), after "this Act.", insert "There is also a requirement that Ministers and Commonwealth entities inform the Council of action taken or proposed to be taken in relation to some systemic issues.".

(9) Clauses 276 and 277, page 232 (line 1) to page 233 (line 25), omit the clauses, substitute:

276 Application of confidentiality provisions in other Acts and instruments

(1) If:

(a) a provision of an Act (other than this Act) or an instrument made under an Act prohibits the disclosure of information by persons who:

(i) are included in a particular class of persons; and

(ii) obtain the information in the performance or exercise of functions or powers under the Act or instrument; and

(b) an entrusted person obtains any such information in the performance or exercise of the entrusted person's functions or powers as an entrusted person;

the provision applies to the entrusted person as if the entrusted person:

(c) were included in the particular class of persons; and

(d) obtained the information in the performance or exercise of functions or powers under the Act or instrument.

(2) Paragraph (1)(a) applies whether the provision prohibits the disclosure of information absolutely, in certain circumstances only or subject to conditions.

(10) Page 249 (after line 24), at the end of Division 5, add:

294B Minister and Commonwealth entities to inform Council of action on systemic issues

Within 3 months after the President informs a Minister or Commonwealth entity in writing of a systemic issue related to the making of reviewable decisions that has been identified in the caseload of the Tribunal, the Minister or entity must inform the Council of the action the Minister or entity has taken or proposes to take in relation to the systemic issue.

Note: For the President's functions in relation to systemic issues, see paragraph 193(i). For the Council's functions and reports in relation to systemic issues, see paragraph 249(1)(c) and section 264.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendments on sheet 2508, circulated by the Australian Greens, be agreed to.

Australian Greens ' circulated amendments—

ADMINISTRATIVE REVIEW TRIBUNAL BILL 2024

(1) Clause 237, page 203 (after line 17), at the end of the clause, add:

Registrar in each State, in the Australian Capital Territory and in the Northern Territory

(3) The Principal Registrar must ensure that at least one registrar is appointed in each State, in the Australian Capital Territory and in the Northern Territory.

(2) Clause 243, page 208 (lines 2 to 4), omit the clause, substitute:

243 Registries

The Minister must cause such registries of the Tribunal to be established as the Minister thinks fit, but so that at least one registry shall be established in each State, in the Australian Capital Territory and in the Northern Territory.